The immigrant visa has expired … but I haven't got the green card yet … can I leave the United States like this? Or want to

Yes, it won't be void. Re-entry permit is required, and re-entry permit is required before leaving the country! You won't go back to the United States without a permit to return to China. Moreover, don't delay the applicant's fingerprints, interviews and other things, which are much more important than the applicant's resignation (regardless of the applicant's reasons).

Applying for a green card is legally called "identity adjustment", which is different from changing identity. The former refers to changing from non-immigrant status to permanent resident status, while the latter refers to changing from one non-immigrant status to another, such as changing from F- 1 to H- 1.

According to American immigration law, if you want to adjust your status in China, you must meet the following conditions: The applicant must be in the United States to apply for a green card. Although there is no need to provide evidence of the person in the United States when applying, relevant evidence, such as I-94 form, passport and visa copy, should be kept for immigration verification.

Because people can only apply for a green card in the United States, separated couples generally cannot apply at the same time. For example, the husband works in the United States and applies for a green card through professional immigration, while the wife still lives outside the United States. A wife cannot apply at the same time as her husband. In this case, the husband should apply for the so-called I-824 immediately after obtaining the green card, that is, ask the relevant immigration department that approved his green card to inform the American overseas consulate to allow his wife to reunite with her husband as a green card.

If the husband applies for a green card to the regional center of the US Immigration Service, the center will directly approve his green card, and the husband should immediately send the application to I-824. If the center transfers its green card application to the local immigration office, the husband should apply for I-824 immediately during the interview, which can save a lot of time.

It should be noted that the husband and wife get married first, and the husband gets a green card later. In this case, the wife doesn't have to wait a long time to apply for a green card according to the so-called timetable. From a legal point of view, if the husband gets married after getting a green card, it will take a long time to apply for the so-called second priority of relatives immigration. However, if he gets a green card after getting married, the application will follow suit and there is no need to schedule.

Therefore, after getting a green card in the United States, if you apply for a green card for your spouse, you must not apply for I- 130, but I-824. The above provisions also apply to unmarried children under the age of 2 1 who are overseas.